23d  Congress, 
1.9/  Session- 


I  239  ] 


MESS  VGE 

FROM 

THE  PRESIDENT  OF  THE  UNITED  STATES, 

With  documents  concerning  the  settlement  of  the  Boundary  Line  between 

New  York  and  New  Jersey, 


April  3,  1834. 

Read,  and  ordered  to  be  printed,  and  referred  to  the  Committee  on  the  Judiciary, 


Washington,  April  2,  1834. 

To  the  Senate  and  House  of  Representatives: 

I  lay  before  Congress  a  communication  from  the  Governor  of  New  Jer- 
sey, and  a  copy  of  a  communication  from  the  Governor  of  New  York,  ad- 
dressed to  me  with  the  view  of  obtaining  the  consent  of  Congress  to  aa 
agreement  which  has  been  entered  into  by  the  States  of  New  York  and 
New  Jersey  to  settle  the  boundary  line  between  those  States.  The  agree- 
ment and  authenticated  copies  of  the  acts  of  the  Legislatures  of  New  York 
and  New  Jersey  relating  to  it,  are  also  transmitted. 

ANDREW  JACKSON, 


State  op  New  Jersey, 

Executive  Department,  March  20,  1834. 

To  the  President  of  the  United  States: 

Sir:  Under  the  direction  of  the  Legislative  Council  and  General  Assem- 
bly  of  the  State  of  New  Jersey,  I  transmit  to  you  a  copy  of  an  act  passed 
by  them  on  the  26th  of  February  last,  entitled  "  An  act  to  ratify  and  con- 
firm an  agreement  made  between  the  commissioners  appointed  by  the  Go- 
vernor of  the  State  of  New  \ork  and  the  commissioners  appointed  by  the 
Governor  of  the  State  of  New  Jersey,  respecting  territorial  limits  and  ju- 
risdiction between  the  said  States,"  together  with  a  duplicate  copy  of  the 
said  agreement;  and  request  that  you  will  cause  the  same  to  be  laid  before 
the  two  Houses  of  Congress  for  their  consent. 

I  have  the  honor  to  be, 

With  the  highest  respect, 

Your  obedient  servant, 

P.  D.  VR00M. 


£  239  ] 


State  of  New  York, 

Executive  Department,  Jllbuny,  Mutch  24,  1834. 

Sir:  A  dispute  has  long  existed  between  the  States  of  New  York  and 
New  Jersey  concerning  their  respective  boundaries  and  jurisdiction,  and 
commissioners  were  appointed  last  year,  by  each,  for  the  purpose  of  set- 
ting i». 

The  agreement  which  they  might  make  was  to  be  submitted  to  the  Legis- 
lature of  each  State,  and  if  sanctioned  by  them,  and  approved  by  the  Con- 
gress of  the  United  States,  it  was  to  be  conclusive.  1  have  the  honor  to 
transmit  herewith  the  agreement  concluded  by  the  commissioners,  and  cer- 
tified copies  of  acts  of  the  Legislatures  of  both  States  confirming  it.  Only 
the  approbation  of  Congress  is  now  wanting  to  complete  the  adjustment. 

I  take  the  liberty  to  request  your  excellency  to  make  such  a  disposition 
of  them  as  you  may  deem  proper,  in  order  to  secure  the  approval  of  that 
body. 

I  have  the  honor  to  be, 

Your  excellency's  obedient  servant, 

VV.  L.  MARCY. 

To  his  Excellency  Andrew  Jackson, 

President  oj  the  United  States. 


Agreement  made  and  entered  into  by  and  between  Benjamin  F.  Butler, 
i'eter  Augustus  Jay,  and  Henry  Seymour,  commissioners  duly  appointed 
on  the  part  and  behalf  of  the  State  of  New  York  in  pursuance  ot  an  act 
of  the  Legislature  of  the  said  State,  entitled  "An  act  concerning  the 
territorial  limits  and  jurisdiction  of  the  State  of  New  York  and  the  State 
of  New  Jersey,"  passed  January  18th,  1833,  of  the  one  part;  and  The- 
odore Frelmghuysen,  James  Parker,  and  Lucius  Q.  C.  Elmer,  commis- 
sioners duly  appointed  on  the  part  and  behalf  of  the  State  of  New  Jer- 
sey, in  pursuance  of  an  act  ol  the  Legislature  of  the  said  State,  entitled 
u  An  act  for  the  seitlement  of_the  territorial  limits  and  jurisdiction  be- 
tween the  States  of  New  Jersey  and  New  York,"  passed  February  6th, 
1833,  of  ihe  other  part. 

Article  I. 

The  boundary  line  between  the  two  States  of  New  York  and  New  Jer- 
sey, from  a  point  in  the  middle  of  Hudson  river  opposite  the  point  on  the 
west  shore  thereof,  m  the  forty-first  degree  of  north  latitude,  as  heretofore 
ascertained  and  marked,  to  the  main  sea,  shall  be  the  middle  of  the  said 
riv  ^r  of  the  bay  of  New  York,  of  the  waters  between  Staten  island  and 
New  Jersey,  and  of  "Raritan  bay,  to  the  main  sea;  except  as  hereinafter 
other v\ise  particularly  mentioned 

Article  II. 

The  State  of  New  York  shall  retain  its  present  jurisdiction  of  and  over 
Bediow's  and  Ellis's  islands;  and  shall  also  retain  exclusive  jurisdiction  of 
a..d  over  ihe  otSer  islands  1\  ingingthe  waters  above  mentioned,  and  now  un- 
der the  jurisdiction  of  that  State. 


3 


t  239  ] 


Article  III. 

'The  State  of  New  York  shall  have  and  enjoy  exclusive  jurisdiction  of  and 
ovnr  all  the  waters  of  the  bay  of  New  York,  and  of  and  over  all  the  waters 
of  Hudson  river  lying  west  of  Manhattan  island,  and  to  the  south  of  the 
mouth  of  Spuytenduyvel  creek;  and  of  and  over  the  lands  covered  by  the 
said  waters  to  the  low-water-mark  on  the  westerly  or  New  Jersey  side 
thereof,  subject  to  the  following  rights  of  property,  and  of  jurisdiction  of 
the  State  of  New  Jersey;  that  is  to  say: 

1.  The  State  of  New  Jersey  shall  have  the  exclusive  right  of  property 
in  and  to  the  land  under  water  lying  west  of  the  middie  of  the  bay  of  New 
York,  and  west  of  the  middle  of  that  part  of  the  Hudson  river  which  lies 
between  Manhattan  island  and  New  Jersey. 

2.  The  State  of  New  Jersey  shall  have  the  exclusive  jurisdiction  of  and 
over  the  wharves,  docks,  and  improvements,  made  and  to  be  made,  on  the 
shore  of  the  said  State;  and  of  and  over  all  vessels  aground  on  said  shore, 
or  fastened  to  any  such  vvharf  or  dock,  except  that  the  said  vessels  shall  be 
subject  to  the  quarantine  or  health  laws,  and  laws  in  relation  to  passengers, 
of  the  State  of  New  York,  which  now  exist,  or  which  may  hereafter  be 
passed. 

3.  The  State  of  New  Jersey  shall  have  the  exclusive  right  of  regulating 
the  fisheries  on  the  westerly  side  of  the  middle  of  the  said  waters;  provided 
that  the  navigation  be  not  obstructed  or  hindered. 

Article  IV. 

The  State  of  New  York  shall  have  exclusive  jurisdiction  of  and  over  the 
waters  of  the  Kill  Van  Kull,  between  Staten  island  and  New  Jersey,  to  the 
westernmost  end  of  Shooter's  island,  in  respect  to  such  quarantine  laws,  and 
laws  relating  to  passengers,  as  now  exist,  or  may  hereafter  be  passed  under 
the  authority  of  that  State,  and  for  executing  the  same;  and  the  said  State 
shall  also  have  exclusive  jurisdiction,  for  the  like  purposes,  of  and  over  the 
waters  of  the  sound  from  the  westernmost  end  of  Shooter's  island  to  Wood- 
bridge  creek,  as  to  all  vessels  bound  to  any  port  in  the  said  State  of  New 
York. 

Article  V. 

The  State  of  New  Jersey  shall  have  and  enjoy  exclusive  jurisdiction  of 
and  over  all  the  waters  of  the  sound  between  Staten  island  and  New  Jersey, 
lying  south  of  Woodbridge  creek;  and  of  and  over  all  the  waters  of  Ran- 
tan  bay  lying  westward  of  a  line  drawn  from  the  light-house  at  Prince's 
bay,  to  the  mouth  of  Mattavan  creek;  subject  to  the  following  rights  of 
property  and  ot  jurisdiction  of  the  State  of  New  York;  that  is  to  say: 

1.  The  State  of  New  York  shall  have  the  exclusive  right  of  property  in 
and  to  th«  land  under  water  lying  between  the  middle  of  the  said  waters 
and  Staten  island. 

2  The  State  of  New  York  shall  have  the  exclusive  jurisdiction  of  and 
over  the  wharves,Pdocks,  and  improvements,  made  and  to  be  made,  on  the 
shore  of  Staten  island;  and  of  and  over  all  vessels  aground  on  said  shore, 
or  fastened  to  any  such  vvharf  or  dock,  except  that  the  said  vessels  shall  be 
subject  to  the  quarantine  or  health  laws,  and  laws  in  relation  to  passengers, 
of  the  State  of  New  Jersey,  which  now  exist,  or  which  may  hereafter  be 
passed. 

&  The  State  of  New  York  shall  have  the  exclusive  right  of  regulating 
the  fisheries  between  the  shore  of  Staten  island  and  the  middle  of  the  said 


£  239  ] 


4 


waiers;  provided  that  the  navigation  of  the  said  waters  be  not  obstructed  ot 
hindered. 

Article  VI. 

Criminal  process  issued  under  the  authority  of  the  State  of  New  Jersey 
against  any  person  accused  of  an  offence  committed  within  that  State,  or 
committed  on  board  of  any  vessel  being  under  the  exclusive  jurisdiction  of 
that  State  as  aforesaid;  or  committed  against  ihe  regulations  made  or  to  be 
ninde  by  that  State  in  relation  to  the  fisheries  mentioned  in  the  third  article; 
and  also  civil  process  issued  under  the  authority  of  the  State  of  New  Jer- 
sey against  any  person  domiciled  in  that  State,  or  against  property  taken 
out  oi  lhat  State  to  evade  the  laws  thereof,  ma)  be  served  upon  any  of  the 
said  waters  within  the  exclusive  jurisdiction  of  tiie  State  of  New  York, 
unless  Mich  person  or  property  shall  be  on  boaid  a  vessel  aground  upon,  or 
fastened  to,  the  shore  of  the  State  of  New  York,  or  fastened  to  a  wharf  ad- 
joining thereto;  or  unless  such  person  shall  be  under  arrest,  or  such  pro- 
perty s;  all  be  under  seizure  by  virtue  of  process  or  authority  oi  the  State 
of  New  York. 

Article  VII. 

Criminal  process  issued  under  the  authority  of  the  State  of  New  York 
against  any  person  accused  of  an  offence  committed  within  that  State,  or 
committed  on  board  of  any  vessel  being  under  the  exclusive  jurisdiction  of 
that  State  as  aforesaid;  or  committed  against  the  regulations  made  or  to  be 
made  by  that  State  in  relation  to  the  fisheries  mentioned  in  the  fifth  article; 
and  also  civil  process  issued  under  the  authority  of  the  State  of  New  York 
against  any  person  domiciled  in  that  Slate,  or  against  property  taken  out 
of  that  Sta  e  to  evade  the  Jaws  thereof,  may  be  served  upon  any  of  the  said 
waters  within  the  exclusive  jurisdiction  of  the  State  of  New  Jersey,  unless 
such  person  or  property  shall  be  on  board  a  vessel  aground  upon,  or  fasten- 
ed to,  the  shore  of  the  State  of  New  Jersey,  or  fastened  to  a  wharf  adjoin- 
ing thereto;  or  unless  such  person  shall  be  under  arrest,  or  such  property 
shall  be  under  seizure,  by  virtue  of  process  or  authority  of  the  State  of 
New  Jersey. 

Article  VIII. 

This  agreement  shall  become  binding  on  the  two  States  when  confirmed 
by  the  Legislatures  thereof,  respectively,  and  when  approved  by  the  Congress 
of  the  United  States. 

Done  in  tour  parts,  (two  of  which  are  retained  by  the  commissioners  of 
New  York  to  be  delivered  to  the  Governor  of  that  State,  and  the  other 
two  of  which  are  retained  by  the  commissioners  of  New  Jersey,  to  be  de- 
livered to  the  Governor  ot  that  State,)  at  the  City  of  New  York,  this  six- 
teenih  da\  or  Sej  tend  er,  in  the  year  ot  our  Lord  one  thousand  eight  bun- 
dled and  thirty  three;  and  ol  the  independence  oi  the  United  States  the 
fifty-eighth. 

B   F.  BUTLER. 
PETER  AUGUSTUS  JAY. 
HLNUY  SEYMOUR. 
THEO  FRELINGHUYSEN, 
JAMES  PARKER. 
LUCIUS  Q.  C.  ELMER. 


5  [  239  ] 

STATE  OF  NEW  JERSEY. 


Jin  act  to  ratify  and  confirm  an  agreement  between  the  Commissioners 
appointed  by  the  (*ovirnor  of  the  State  of  New  York,  and  the  Com- 
missioners  appointed  by  the  Governor  of  the  State  of  New  Jersey, 
respecting  the  territorial  limits  and  jurisdiction  between  the  said 
States. 

Whereas  commissioners  duly  appointed  on  the  part  of  the  State  of  New 
York,  and  commissioners  duly  appointed  on  the  part  of  the  State  of  New 
Jersey,  for  the  purpose  of  agreeing  upon  and  settling  the  jurisdiction  and 
territorial  limits  of  the  two  States,  have  executed  certain  articles,  two  copies 
for  eacli  State,  which  are  contained  in  the  following  words: 

Agreement  made  and  entered  into  by  and  between  Benjamin  F.  Butler, 
Peter  Augustus  Jav,  and  Henry  Seymour,  commissioners  duly  appointed 
on  the  part  and  behalf  of  the  State  of  New  York,  in  pursuance  of  an  act  of 
the  Legislature  o'the  said  State,  entitled  '*  An  act  concerning  the  territo- 
rial limits  and  jurisdiction  ofthe  State  of  New  Yoik  and  the  State  of  New 
Jersey,"  passed  January  eighteenth,  eighteen  hundred  and  thirty  three>  of 
the  one  part,  and  Theodore  Frelinghuysen,  James  Parker,  and  Lucius  Q. 
C.  hlmer,  commissioners  duly  appointed  on  the  part  and  behalf  of  the  State 
of  New  Jersey,  in  pursuance  of  an  act  ofthe  Legislature  ofthe  said  State, 
entitled  "An  act  for  the  settlement  of  the  territorial  limits  and  jurisdiction 
between  the  States  of  New  Jersey  and  New  York,"  passed  February 
sixth,  eighteen  hundred  and  thirty -three,  ofthe  other  part. 

Article  I. 

The  boundary  line  between  the  two  States  of  New  York  and  New  Jersey, 
from  a  point  in  the  middle  of  Hudson  river,  opposite  the  point  on  the 
west  shore  thereof,  in  the  forty-first  degree  of  north  latitude,  as  heretofore 
ascertained  and  marked,  to  the  main  sea,  shall  be  the  middle  of  the  said 
river  of  the  bay  of  New  York,  of  the  waters  between  Staten  Island  and 
New  Jersey,  and  of  Raritan  bay,  to  the  main  sea,  exce'pt  as  hereinafter  others 
wise  particularly  mentioned. 

Article  II. 

The  State  of  New  York  shall  retain  its  present  jurisdiction  of  and  over 
Bedlow's  and  Ellis's  islands;  and  shall  also  retain  exclusive  jurisdiction  of 
and  over  the  other  islands  lying  in  the  waters  above  mentioned,  and  now 
under  the  jurisdiction  of  that  State. 

Article  III. 

The  State  of  New  York  shall  have  and  enjoy  exclusive  jurisdiction  of 
and  over  all  the  waters  of  the  bay  of  New  York,  and  of  ami  over  all  the 
waters  of  Hudson  river  lying  west  of  Manhattan  Island,  and  to  the  south 
ofthe  mouth  of  Spuytenduyvel  creek,  and  of  and  over  the  lands  covered  by 
the  said  waters  to  the  low  water  mark  on  the  westerly  or  New  Jersey  side 
thereof;  subject  to  the  following  rights  of  property,  and  of  jurisdiction 
ofthe  State  of  New  Jersey;  that  is  to  say: 

1.  The  State  of  New  Jersey  shall  have  the  exclusive  right  of  property  in 
and  to  the  land  under  water  lying  west  of  the  middle  of  the  bay  of  New 
York,  and  west  of  the  middle  of  that  part  of  the  Hudson  river  which  lies 
between  Manhattan  Island  and  New  Jersev. 

m 


£  2^9  ] 


2.  The  Slate  of  New  Jersey  shall  have  the  exclusive  jurisdiction  of  and 
over  thf*  wharves,  docks,  an  !  improvements,  made  and  to  he  made,  on  the 
shore  of  the  said  State,  and  of  and  over  all  vessels  aground  on  said  shore,  or 
fastened  to  any  such  wharf  or  dork;  except  that  the  said  vessels  shall  be 
subject  to  the  quarantine  or  health  laws,  and  laws  in  relation  to  passengers, 
of  the  State  of  New  York,  which  now  exist,  or  which  may  hereafter  be 
passed. 

3.  The  State  of  New  Jersey  shall  have  the  exclusive  right  of  regulating 
the  fisheries  on  the  westerly  side  of  the  middle  of  the  suid  waters,  provided 
that  the  navigation  be  not  obsiructcd  or  hindered. 

Article  IV. 

The  State  of  New  York  shall  have  exclusive  jurisdiction  of  and  over  the 
waters  of  the  Kill  Van  Kull,  between  Stated  Island  and  New  Jersey,  to  the 
westernmost  end  of  Shooter's  Island,  in  respect  to  such  quarantine  laws,  and 
laws  relating  to  passengers,  as  now  exist,  or  may  hereafter  be  passed,  un- 
der the  authority  of  that  State,  and  for  executing  the  same;  and  the  said 
State  shall  also  have  exclusive  jurisdiction,  for  the  like  purposes,  of  and  over 
the  waters  of  the  sound,  from  the  westernmost  end  f  Shooter's  Island  to 
Woodhridge  creek,  as  to  all  vessels  bound  to  any  port  in  the  said  State  of 
New  York. 

Article  V. 

The  State  of  New  Jersey  shall  have  and  enjoy  exclusive  jurisdiction  of 
and  overall  the  waters  of  the  sound,  between  Staten  Island  and  New  Jersey, 
lying  south  of  Woodbridge  creek,  and  of  and  over  all  the  waters  of  Raritan 
bay  lying  westward  of  a  line  drawn  from  the  light-house  at  Prince's  bay, 
to  the  mouth  of  Mattavan  creek,  subject  to  the  following  rights  of  property 
and  of  jurisdiction  of  the  State  of  New  York;  that  is  to  say: 

1.  The  State  of  New  York  shall  have  exclusive  right  of  property  in  and 
to  the  land  under  water  lying  between  the  middle  of  said  waters  and  Staten 
Island. 

2.  The  State  of  New  York  shall  have  the  exclusive  jurisdiction  of  and 
over  the  wharves,  docks,  and  improvements,  made  and  to  be  made,  on  the 
shore  of  Staten  Island;  and  of  and  over  all  vessels  aground  on  said  shore, 
or  fastened  to  any  such  wharf  or  dock,  except  that  the  said  vessels  shall  be 
subject  to  the  quarantine  or  health  laws,  and  laws  in  relation  to  passengers, 
of  the  State  of  New  Jersey,  which  now  exist,  or  which  may  hereafter  be 
passed. 

3.  The  State  of  New  York  shall  have  the  exclusive  right  of  regulating  the 
fisheries  between  the  shore  of  Staten  Island  and  ihe  middle  of  the  said  wa- 
ters, provided  that  the  navigation  of  the  said  waters  be  not  obstructed  or 
hindered. 

Article  VI, 

Criminal  process  issued  under  the  authority  of  the  State  of  New  Jersey 
against  any  person  accused  of  an  offence  committed  within  that  State,  or 
committed  on  board  of  any  vessel  being  under  the  exclusive  jurisdiction  of 
that  State  as  aforesaid,  or  committed  against  the  regulations  made,  or  to  be 
made,  by  that  State  in  relation  to  the  fisheries  mentioned  in  the  third 
article;  and,  also,  civil  process  issued  under  the  authority  of  the  State  of 
New  Jersey  against  any  person  domiciled  in  that  State,  or  against  property 


7 


[  239  ] 


taken  out  of  that  State  to  evade  the  laws  thereof,  may  he  served  upon  any 
of  the  said  waters,  within  the  exclusive  jurisdiction  of  the  State  of  New 
York,  unless  such  person  or  property  shall  be  onboard  a  vessel  aground  upon 
or  fastened  to  the  shore  of  the  State  of  New  York,  or  fastened  to  a  wharf 
adjoining  thereto;  or  unless  such  person  shall  be  under  arrest,  or  such  pro- 
perty shali  be  under  seizure,  by  virtue  of  process  or  authority  of  the  State 
of  New  York. 

Article  VII. 

Criminal  process  issued  under  the  authority  of  the  State  of  New  York 
against  any  person  accused  of  an  offence  committed  within  that  State,  or 
committed  on  board  of  any  vessel  being  within  the  exclusive  jurisdiction 
of  that  State  as  aforesaid,  or  committed  against  the  regulations  made,  or  to 
be  made,  by  that  State  in  relation  to  the  fisheries'  mentioned  in  the  fifth 
article;  and,  also,  civil  process  issued  under  the  authority  of  the  State  of 
New  York  against  any  person  domiciled  in  that  State,  or  against  property 
taken  out  of  that  State  to  evade  the  laws  thereof,  may  be  served  upon  any 
of  the  said  waters  within  the  exclusive  jui  isdiction  of  the  State  of  New 
Jersey,  unless  such  person  or  property  shali  be  on  board  a  vessel  aground 
upon,  or  fastened  to,  the  shore  of  the  State  of  New  Jersey,  or  fastened  to  a 
wharf  adjoining  thereto;  or  unless  such  person  shall  be  under  arrest,  or 
such  property  shall  be  under  seizure  by  virtue  of  process  or  authority  of  the 
State  of  New  Jersey. 

Article  VIII. 

• 

This  agreement  shall  become  binding  on  the  two  States  when  confirmed 
by  the  Legislatures  thereof,  respectively,  and  when  approved  by  the  Con- 
gress of  the  United  States 

Done  in  four  parts,  (two  of  which  are  retained  by  the  commissioners  of 
New  York  to  be  delivered  to  the  Governor  of  that  State,  and  the  other  two 
of  which  are  retained  by  the  commissioners  of  New  Jersey  to  be  delivered 
to  the  Governor  of  that  State,)  at  the  city  of  New  York,  this  sixteenth  day 
of  September,  in  the  year  of  our  Lord  one  thousand  eitjht  hundred  and  thir- 
ty-three, and  of  the  independence  of  the  United  States  the  tifty-eighlh. 

B   F.  BUTLER. 
PETER  AUGUSTUS  JAY. 
HENRY  SEYMOUR. 
THEO.  FUELINGHUYSEN. 
JAMES  PARKER. 
Therefore,  LUCIUS  Q.  C.  ELMER. 

Be  it  enacted  by  the  Council  and  General  Assembly  of  the  State,  and 
it  is  hereby  enacted  by  the  authority  of  the  same,  That  the  aforesaid  agree- 
ment, and  every  article,  clause,  matter,  and  thing,  therein  contained,  shall 
be,  and  the  same  is  hereby,  fully  and  amply  ratified  and  coniirmed  on  the 
part  of  the  State  of  New  Jersey. 

House  op  Assembly,  February  26,  1834. 

This  re-engrossed  bill  having  been  read  as  amended  in  Council,  and  com- 
pared, 

Resolved,  That  the  same  do  pass. 
By  order  of  the  House: 

DANIEL  B.  HYALL, 

Speaker  of  the  House  of  Assembly. 


[  239  ]  8 

In  Council,  February  26,  1S34. 

This  re  engrossed  bill  having;  been  three  times  read  in  the  Council, 
Resolved,  That  ihe  same  do  pass. 

By  order  of  the  Council: 

MAHLON  DICKERSON, 

Vice  President  of  Council. 

New  Jersey,  ss. 

1,  James  D.  Westcott,  Secretary  of  the  State  of  New  Jersey,  do  certify 
the  foregoing  to  be  a  true  transcript  of  one  of  the  laws  of  said  State,  and 
entitled  "  An  act.  to  ratify  and  confirm  an  agreement  made  between  the 
commissioners  appointed  by  the  Governor  of  the  State  of  New  York,  and 
the  commissioners  appointed  by  the  Governor  of  the  State  of  New  Jersey, 
respecting  the  territorial  limits  and  jurisdiction  between  the  said  States," 
passed  February  twenty  sixth,  A.  1).  eighteen  hundred  and  thirty-lour: 
taken  from  the  original  on  file  in  my  office. 

Given  under  my  hand,  and  seal  of  office,  at  the  city  of  Trenton,  this 

r      -.    seventh  day  of  March,  A.  1).  one  thousand  eight  hundred  and 

LL*  S'J    thirty  four. 

JAMES  D.  WESTCOTT. 

State  op  New  Jersey. 

By  Peter  D.  Vroom,  Governor  of  the  State  oj  New  Jersey: 

It.  is  hereby  certified  that  the  preceding  exemplification  of  an  act  of  the 
Legislature  of  this  State  is  authenticated  in  due  form,  and  by  the  proper 
officer. 

In  testimony  whereof,  I  have  hereto  affixed  the  great  seal  of  this 
State.     Witness  my  hand,  at  the  city  of  Trenton,  this  tenth  day 
pL.  s.]    of  March,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
thirty  four,  and  of  the  independence  of  the  United  States  the  fifty- 
eighth. 

P.  D.  VROOM. 


<An  act  to  confirm,  the  agreement  entered,  into  by  the  Commissioners  ap- 
pointed by  this  State %  ana  Commissioners  appointed  by  the  State  of 
New  Jersey,  to  settle  the  boundary  line  betioeen  New  York  and  New 
Jersey.  [Passed,  Februaiy  5,  1X44. 

The  people  of  the  State  of  New  York,  represented  in  Senate  and  Assem- 
bly, do  enact  as  follows: 

§  1.  The  agreement  entered  into  between  the  Commissioners  appointed 
by  this  State  and  the  Commissioners  appointed  by  tf:e  Stat,  of  New  .'erst-y, 
to  settle  the  boundary  line  between  New  York  and  New  Jersey,  in  the 
wrords  following,  viz. 

Agreement  made  between  the  Commissioners  on  the  part  of  the  State  of  JVeiv  York 
and  the  Commissioners  on  the  -part  of  the  State  of  New  Jersey  relative  to  the 
boundary  line  betwern  the  two  States. 

Agreement  made  and  entered  into  by  and  between  Benjamin  F.  Butler, 
Peter  Augustus  Jay,  and  Henry  Seymour,  commissioners  duly  appointed 
on  the  part  and  behalf  of  the  State  of  New  York,  in  pursuance  of  an  act  of 


9 


L  239  ] 


the  Legislature  of  the  said  State,  entitled  "  An  act  concerning  the  territorial 
limits  and  jurisdiction  of  the  State  of  New  York  and  the  State  of  New 
Jersey,"  passed  January  18th,  1833,  of  the  one  part;  and  Theodore  Fre- 
linghuysen,  James  Parker,  and  Lucius  Q.  C.  Elmer,  commissioners  duly 
appointed  on  the  part  and  behalf  of  the  State  of  New  Jersey  in  pursuance 
of  an  act  of  the  Legislature  of  the  said  State,  entitled  "  An  act  for  the  settle- 
ment of  the  territorial  limits  and  jurisdiction  between  the  States  of  New 
Jersey  and  New  York,"  passed  February  6th,  1833,  of  the  other  part. 

Article  I. 

The  boundary  line  between  the  two  States  of  New  York  and  New 
Jersey,  from  a  point  in  the  middle  of  Hudson  river,  opposite  the  point 
on  the  west  shore  thereof,  in  the  forty  first  degree  of  north  latitude, 
as  heretofore  ascertained  and  marked,  to  the  main  sea,  shall  be  the  middle 
of  the  said  river,  of  the  bay  of  New  York,  of  the  waters  between  Staten 
Island  and  New  Jersey,  and  of  Raritan  bay,  to  the  main  sea,  except  as  here~ 
inafrer  otherwise  particularly  mentioned. 

Article  II. 

The  State  of  New  York  shall  retain  its  present  jurisdiction  of  and  over 
Bedlow's  and  Ellis's  islands,  and  shall  also  retain  exclusive  jurisdiction  of 
and  over  the  other  islands  lying  in  the  waters  abovementioned,  and  now 
under  the  jurisdiction  of  that  State. 

Article  II L 

The  State  of  New  York  shall  have  and  enjoy  exclusive  jurisdiction  of 
and  over  all  the  waters  of  the  bay  of  New  York,  and  of  and  over  all  the 
waters  of  Hudson  river,  lying  west  of  Manhattan  island,  and  to  the  south 
of  the  mouth  of  Spuytenduy vel  creek,  and  of  and  over  the  lands  covered 
by  the  said  waters  to  the  low  water  mark  on  the  westerly  or  New  Jersey 
sie'e  thereof;  subject  to  the  following  rights  of  property  and  of  jurisdiction 
of  the  State  of  New  Jersey;  that  is  to  say: 

1.  The  State  of  New  Jersey  shall  have  the  exclusive  right  of  property 
in  and  to  the  land  under  water  lying  west  of  the  middle  of  the  bay  of  New 
York,  and  west  of  the  middle  of  that  part  of  the  Hudson  river  which  lies 
between  Manhattan  Island  and  New  Jersey. 

2.  The  State  of  New  Jersey  shall  have  the  exclusive  jurisdiction  of  and 
over  the  wharves,  docks,  and  improvements,  made  and  to  be  made,  on  the 
shores  of  the  said  State,  and  of  and  over  all  vessels  aground  on  said  shore, 
or  fastened  to  any  such  wharf  or  dock;  except  that  the  said  vessels  shall  be 
subject  to  the  quarantine  or  health  laws,  and  laws  in  relation  to  passengers, 
of  the  State  of  New  York,  which  now  exist,  or  which  may  hereafter  be 

3.  The  State  of  New  Jersey  shall  have  the  exclusive  right  of  regulating 
the  fisheries  on  the  westerly  side  of  the  middle  of  the  said  waters,  provided 
that  the  navigation  be  not  obstructed  or  hindered. 

Article  IV". 

The  State  of  New  York  shall  have  exclusive  jurisdiction  of  and  over  the 
waters  of  the  Kill  Van  Kull  between  Staten  Island  and  New  Jersey,  to  the 
westernmost  end  of  Shooter's  island,  in  respect  of  such  quarantine  laws,  and 
laws  relating  to  passengers,  as  now  exist,  or  may  hereafter  be  passed  under 
the  authority  of  thnt  State,  and  for  executing  the  same;  and  the  said  State 
shall  also  have  exclusive  jurisdiction?  for  the  like  purposes,  of  and  over  tbe 
2 


r  239  j 


10 


waters  of  the  sound,  from  the  westernmost  end  of  Shooter's  island  to  Wood- 
bridge  creek,  as  to  all  vessels  bound  to  any  port  in  the  said  State  of  New 
York. 

Article  V. 

The  State  of  New*  Jersey  shall  have  and  enjoy  exclusive  jnrisdiction  of 
and  over  all  the  waters  of  the  sound  between  Staten  island  and  New  Jersey, 
lying  south  of  Woodbridge  creek ;  and  of  and  over  nil  the  waters  of  Raritan 
bay  lying  westward  of  a  line  drawn  from  the  light-house  at  Prince's  bay 
to  (lie  mouth  of  Mattavan  creek;  subject  to  the  following  rights  of  property 
and  of  jurisdiction  of  the  State  of  New  York: 

1.  The  Stale  of  New  York  shall  have  the  exclusive  right  of  property  in 
and  to  the  land  under  water  lying  between  the  middle  of  the  said  waters 
and  Staten  island. 

2.  The  State  of  New  York  snail  have  the  exclusive  jurisdiction  of  and 
over  the  wharves,  docks,  and  improvements,  made  and  to  be  made,  on  the 
ehore  cf  Staten  island;  and  of  and  over  all  vessels  aground  on  said  shore, 
or  fa^'ened  to  any  such  wharf  cr  dock  ;  except  that  the  said  vessel  shall  be 
subject  to  the  quarantine  or  health  laws,  and  laws  in  relation  to  passengers,  of 
the  State  of  New  Jersey,  which  now  exist,  or  which  may  hereafter  be  passed. 

3.  The  State  of  New  York  shall  have  the  exclusive  right  of  regulating 
the  fisheries  between  the  shore  of  Staten  island  and  the  middle  of  the  said 
waters,  provided  that  the  navigation  of  the  said  waters  be  not  obstructed  or 
hindered. 

Article  VI. 

Criminal  process  issued  under  the  authority  of  the  State  of  New  Jersey 
against  any  person  accused  of  an  offence  committed  within  that  State,  or 
committed  on  board  of  any  vessel  being  under  the  exclusive  jurisdiction  of 
that  State  as  aforesaid,  or  committed  against  the  regulations  made  or  to  be 
made  by  that  State  in  relation  to  the  fisheries  mentioned  in  the  third  article; 
and  also  civil  process  issued  under  the  authority  of  the  State  of  New  Jersey 
against  any  person  domiciled  in  that  State,  or  against  property  taken  out  of 
that  State  to  evade  the  laws  thereof,  may  be  served  upon  any  of  the  said 
waters  within  the  exclusive  jurisdiction  of  the  State  of  New  York,  unless 
such  person  or  property  shall  be  on  board  a  vessel  aground  upon,  or  fastened 
to,  the  shore  of  the  State  of  New  York,  or  fastened  to  a  wharf  adjoining 
thereto;  or  unless  such  person  shall  be  under  arrest,  or  such  property  shall 
he  under  seizure,  by  virtue  of  process  or  authority  of  the  State  of  New 
York. 

Article  VII. 

Criminal  process  issued  under  the  authority  of  the  State  of  New  York 
against  any  person  accused  of  an  offence  committed  within  that  State,  or 
committed  on  board  of  any  vessel  being  under  the  exclusive  jurisdiction  of 
that  State  as  aforesaid,  or  committed  against  the  regulations  made  or  to  be 
made  by  that  State  in  relation  to  the  fisheries  mentioned  in  the  fifth  article, 
and  also  civil  process  issued  under  the  authority  of  the  State  of  New  York 
against  any  person  domiciled  in  that  State,  or  against  property  taken  out  of 
that  State  to  evade  the  laws  thereof,  may  be  served  upon  any  of  the  said 
waters  within  the  exclusive  jurisdiction  of  the  State  of  New  Jersey,  unless 
such  person  or  property  shall  be  on  board  a  vessel  aground  upon,  or  fastened 
U^thc  shore  of  the  State  of  New  Jersey,  or  fastened  to  a  wharf  adjoining 


11 


C  2^9  ] 


thereto,  or  unless  such  person  shall  be  under  arrest,  or  such  property  shall 
be  under  seizure,  by  virtue  of  process  or  authority  of  the  State  of  New 

Jersey. 

Article  VIII. 

This  agreement  shall  become  binding  on  the  two  States  when  confirmed 
by  the  Legislatures  thereof  respectively,  and  when  approved  by  the  Congress 
of  the  United  States. 

Done  in  four  parts  (two  of  which  are  retained  by  the  Commissioners  of 
New  York,  to  be  delivered  to  the  Governor  of  that  State,  and  the  other 
two  of  which  are  retained  by  the  Commissioners  of  New  Jersey,  to  be  de- 
livered to  the  Governor  of  that  State)  at  the  city  of  New  York,  this  six- 
teenth day  of  September,  in  the  year  of  our  Lord  one  thousand  tight  hun- 
dred and  thirty-three,  and  of  the  independence  of  the  United  ^'atesthe 
fifty- eighth, 

B.  F.BUTLER. 
PETER  AUGUSTUS  JAY. 
HENRY  SEYMOUR. 
THEO.  FRELINGHUYSEN. 
JAMES  PARKER. 
LUCIUS  Q.  C.  ELMER. 

— Is  hereby  ratified  and  confirmed  on  the  part  of  the  State  of  New  York. 

State  of  New  York, 

In  Senate,  January  31,  1S34. 
This  bill  having  been  read  the  third  time, 
Resolved,  That  the  bill  do  pass. 

By  order  of  the  Senate: 

JOHN  TRACY,  President 

State  of  New  York, 

In  Jissetnbly,  February  3,  1834. 
This  bill  having  been  read  the  third  time, 
Resolved,  That  the  bill  do  pass. 

By  order  of  the  Assembly: 

WILLIAM  BAKER,  Speaker. 

•      Approved  5th  February,  1834: 

W.  L.  MARCY. 

State  of  New  York,  Secretary's  Office-. 

I  have  compared  the  preceding  with  an  original  act  of  the  Legislature  of 
this  State  on  file  in  this  office,  and  do  certify  that  the  same  is  a  correct  tran- 
script therefrom,  and  of  the  whole  of  said  original. 

Given  under  my  hand  and  seal  of  office,  at  the  city  of  Albany, 
[seal- J    the  nineteenth  day  of  March,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  thirty-four. 

JOHN  A.  DIX,  Secretary. 
By  William  L.  Marcy,  Governor  of  the  State  of  New  York: 
■   It  is  hereby  certified  that  the  preceding  exemplification  is  authenticated 
in  due  form,  and  by  the  proper  officer. 

In  testimony  whereof,  I  have  caused  the  great  seal  of  this  State 
to  be  hereunto  affixed.      Witness  my  hand  at  the  city  of  Albany, 
[seal.]    the  nineteenth  day  of  March,  in  the  year  of  our  Lord  one  thou- 
and  eight  hundred  and  thirty-four. 

6  W.  L.  MARCY. 


AVEHY 
DURST 


